Gästehaus Häuser

Terms & Conditions

General terms and conditions for hotel accommodation (2020)

I. Scope

1.
These terms and conditions apply to contracts for the rental of hotel rooms of the Gästehaus Häuser Hotel for accommodation as well as for all other services provided by Gästehaus Häuser for the customer in this context (hotel accommodation contract).

2.
The subletting or re-letting of the leased rooms, the use of the leased hotel rooms for purposes other than accommodation, public invitations or other advertising measures for interviews, sales and similar events and the use of hotel areas outside the leased rooms for the aforementioned events require the prior express consent from Gästehaus Häuser and can be made dependent on the payment of an additional remuneration. § 540 Paragraph 1 Clause 2 BGB does not apply unless the customer is a consumer.

3.
The customer's terms and conditions only apply if this has been expressly agreed in advance.

II. Conclusion of the contract; Notice obligation

1.
The contract is concluded when Gästehaus Häuser accepts the customer's application. Gästehaus Hauser is free to confirm the room booking in writing.

2.
The customer is obliged to inform Gästehaus Häuser at the latest when the contract is concluded, provided that the use of the hotel service is likely to endanger the smooth business operations, the security or the reputation of guest house houses in public.

III. Services, prices, payment, offsetting

1.
The customer is obliged to pay the prices agreed or applicable by Gästehaus Häuser for rooms provided and for other services used by him. This also applies to third-party services commissioned by the customer directly or via Gästehaus Häuser, the remuneration of which is disbursed by Gästehaus Häuser.

2.
The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to local law, such as visitor's tax. In the event of a change in statutory sales tax or the introduction, change or abolition of local taxes on the object of performance after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.

3.
Gästehaus Häuser can make its consent to a subsequent reduction in the number of booked rooms, the hotel's services or the customer's length of stay, as requested by the customer, dependent on the price for the rooms and / or for the other services of the hotel increasing appropriately.

4.
If payment on account has been agreed, payment must be made within seven days of receipt of the invoice without any deductions - unless otherwise agreed.

5.
For each reminder after the occurrence of default, the customer has to reimburse dunning costs of 5 € to Gästehaus Häuser. The customer is free to prove that no or only significantly lower costs were incurred. For customers who are not consumers, Gästehaus Häuser can instead also assert the claim from Section 288 (5) BGB.

6.
Gästehaus Häuser is entitled to request an appropriate advance payment or security deposit from the customer, for example in the form of a credit card guarantee, when the contract is concluded. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.

7.
In justified cases, for example payment arrears by the customer or expansion of the scope of the contract, Gästehaus Häuser is entitled, even after the conclusion of the contract up to the beginning of the stay, to make an advance payment or security deposit within the meaning of No. 6 above or an increase in the advance payment or security deposit agreed in the contract to the full to demand the agreed remuneration.

8.
Furthermore, Gästehaus Häuser is entitled to demand an appropriate advance payment or security deposit from the customer at the beginning of and during the stay in the sense of No. 6 above, unless such has already been made in accordance with No. 6 and / or 7 above.

9.
The customer can only offset or set off an undisputed or legally binding claim against a claim from Gästehaus Häuser.

IV. Withdrawal by the customer / failure to use the services of Gästehaus Häuser

1.
The customer can only withdraw from the contract concluded with Gästehaus Häuser if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if Gästehaus Häuser expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract cancellation should be made in writing.

2.
If a date has been agreed for the free exercise of the right of withdrawal, the customer can withdraw from the contract until then without triggering any payment or damage claims from Gästehaus Häuser. The customer's right of withdrawal lapses if he does not exercise it in writing by the agreed date with Gästehaus Häuser.

3.
If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal, and if Gästehaus Häuser does not agree to a cancellation of the contract, Gästehaus Häuser retains the right to the agreed remuneration despite not using the service. Gästehaus Häuser has to credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to someone else, Gästehaus Häuser can demand the contractually agreed remuneration and apply a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 100% of the contractually agreed price for an overnight stay with or without breakfast. He is at liberty to prove that the aforementioned claim did not arise or did not arise in the required amount.

V. Resignation of Gästehaus Häuser, unapproved events

1.
If it has been contractually agreed that the customer can withdraw from the contract free of charge up to a certain date, Gästehaus Häuser is entitled to withdraw from the contract in whole or in part up to this point in time if there are inquiries from other customers about the contractually booked rooms and the customer Inquiry from Gästehaus Häuser with a reasonable deadline does not waive its right to withdraw. This applies accordingly if an option is granted, if there are other inquiries and the customer is not ready to make a firm booking in response to a request from Gästehaus Häuser with a reasonable deadline.

2.
Furthermore, Gästehaus Häuser is entitled to extraordinarily withdraw from the contract for an objectively justified reason, in particular if
• Force majeure or other circumstances beyond the control of Gästehaus Häuser make it impossible to fulfill the contract;
• Hotel services have been booked with misleading or false information or with concealment of essential contractual facts. The identity of the customer, his solvency or the purpose of his stay can be essential to the contract;
• Gästehaus Häuser has justified cause to assume that the use of the hotel service can endanger the smooth business operations, the security or the public image of Gästehaus Häuser without this being attributable to the sphere of control or organization of Gästehaus Häuser;
• the purpose or the reason for the stay is illegal,
• There is a violation of Clause I No. 2;
• an agreed advance payment or an advance payment requested in accordance with Clause III No. 6 and / or 7 above has not been made even after a reasonable grace period set by Gästehaus Häuser has expired.

3.
Unauthorized interviews, sales and similar events can prevent or cancel by Gästehaus Häuser.

4.
The justified withdrawal by Gästehaus Häuser or the prevention of an unauthorized event in accordance with No. 3 above does not justify the customer's claim to compensation.

5.
If, in the event of withdrawal according to No. 2 above, Gästehaus Häuser has a claim for damages against the customer, Gästehaus Häuser can make a flat-rate claim. Clause IV No. 3 sentences 2 to 5 apply accordingly in this case.

VI. Room provision, handover and return

1.
The customer does not acquire the right to be provided specific rooms, unless this has been expressly agreed.

2.
Subject to the express agreement of an earlier availability time, reserved rooms are available to the customer from 2 p.m. on the agreed arrival date. Unless a later arrival time has been expressly agreed or the room in question has not been paid for in advance, Gästehaus Häuser has the right to reassign booked rooms after 9 p.m. without the customer being able to derive a claim against Gästehaus Häuser from this. There is no obligation to allocate it elsewhere.

3.
On the agreed day of departure, the rooms in the Gästehaus Häuser must be vacated and made available no later than 12 noon. Use beyond this point in time for a time-dependent fee can - subject to availability - be agreed with Gästehaus Häuser.

4.
If the customer uses the room beyond 12 noon without having previously made an express agreement with Gästehaus Häuser, Gästehaus Häuser can charge 100% of the full list price for use beyond the contract due to the late vacating of the room. This does not justify contractual claims by the customer. He is free to prove that Gästehaus Häuser has no or a significantly lower claim to usage fee.

VII. Liability of Gästehaus Häuser

1.
Gästehaus Hauser is liable for damages for which it is responsible, resulting from injury to life, limb or health. Furthermore, Gästehaus Häuser is liable for other damage that is based on an intentional or grossly negligent breach of duty by Gästehaus Häuser, and damage that is based on an intentional or negligent breach of typical contractual obligations by Gästehaus Häuser. Typical contractual obligations are those obligations that enable the proper execution of the contract and on whose fulfillment the customer trusts and may trust. A breach of duty by Gästehaus Häuser is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this Clause VII. Should disturbances or deficiencies in the services of Gästehaus Häuser occur, Gästehaus Häuser will endeavor to remedy the situation if the customer becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. In addition, the customer is obliged to inform Gästehaus Häuser immediately about the possibility of exceptionally high damage.

2.
Gästehaus Hauser is liable to the customer for items brought in according to the statutory provisions. If the customer wants to bring in money, securities and valuables with a total value of more than € 500 or other items with a total value of more than € 1,500, a separate storage agreement must be made with Gästehaus Häuser.

3.
Items left behind by the customer will only be forwarded at the customer's request, risk and expense. Gästehaus Häuser keeps things for three months; afterwards, if there is a recognizable value, they are handed over to the local lost property office. If the lost property office is not ready to take over, the items are kept for a further nine months and then either used or destroyed. The above No. 1 sentences 1 to 5 apply accordingly to the liability of Gästehaus Häuser.

4.
If the customer is provided with a parking space in the hotel car park, even for a fee, this does not result in a custody contract. Gästehaus Häuser are not obliged to monitor. In the case of loss of or damage to vehicles parked or maneuvered on the hotel property and their contents, Gästehaus Häuser is not liable. Any damage must be reported to Gästehaus Häuser immediately.

5.
Messages, mail and shipments of goods for guests are handled with care. Gästehaus Häuser takes care of the delivery, storage (for consignments, however, only after prior agreement) and - on request - forwarding the same for a fee. The above number 1 sentences 1 to 5 apply accordingly to the liability of Gästehaus Häuser.

VIII. Final provisions

1.
Changes or additions to the contract or these general terms and conditions should be made in writing. Unilateral changes or additions by the customer are invalid.

2.
In commercial transactions, the place of fulfillment and payment is the location of the Gästehaus Häuser Hotel.

3.
In commercial transactions - also for check disputes - the exclusive place of jurisdiction is Giessen. However, at its option, Gästehaus Häuser can also sue the customer at the customer's registered office. The same applies if the customer fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany.

4.
German law applies. The application of the UN sales law and the conflict of laws is excluded.

5.
Gästehaus Hauser does not take part in dispute settlement proceedings before consumer arbitration boards.

6.
Should individual provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

As of September 2020

Payment Policy

Payable up to 7 days after receipt of the invoice.

Name of bank: VR Bank Lahn-Dill

BIC: GENODE51BIK

IBAN: DE67 5176 2434 0001 1722 04

Tax no.: DE 2083531799

Website: www.gaestehaus-haeuser.com

Cancellation Policy

Cancellations and cancellation costs:

Cancellations up to 1 day before arrival (until 6 p.m. - hotel local time): Free of charge

Cancellations on the day of arrival: 100% of the travel price